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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Sarwan & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Appeal No. 963 of 2021, S.B. Criminal Appeal (SB) No. 754 of 2021
Decided On : 07-01-2022
Lawyers - Bail Applications - COVID-19 Pandemic
Fact of the Case:
The appellants filed appeals under Section 14a(2) SC/ST (Prevention of atrocities) act seeking bail in connection with FIR No. 145/2020. The bail applications were previously rejected by the Special Judge, SC/ST (Prevention of atrocities) Cases, Churu.
Finding of the Court:
The Court, considering the absence of overt acts reported against the appellants and the similarity to a co-accused whose appeal was allowed, granted bail to the appellants due to the peculiar facts and circumstances of the case and the impact of the COVID-19 pandemic on the country, particularly the jails.
Issues: Bail applications under Section 14a(2) SC/ST (Prevention of atrocities) act, rejection of bail by the Special Judge, SC/ST (Prevention of atrocities) Cases, Churu, and the impact of the COVID-19 pandemic on the country and jails.
Ratio Decidendi: The absence of overt acts reported against the appellants, similarity to a successful co-accused appeal, and the impact of the COVID-19 pandemic on the country and jails influenced the Court's decision to grant bail.
Final Decision: The instant appeals were allowed, and the impugned orders rejecting bail were set aside. The accused-appellants were granted bail upon furnishing a personal bond and sureties to the satisfaction of the trial Court.
JUDGMENT
Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
2. The instant appeals have been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellants, who are in custody in connection with FIR No. 145/2020, Police Station Rajgarh, District Churu for the offences under Sections 147, 148, 149, 212, 302, 307/149, 120 B I.P.C. and Section 27 Indian arms act and Section 3(2)(V) of the SC/ST (Prevention of atrocities) act against the order dated 27.09.2021 & 19.06.2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Churu, whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
3. Heard. Perused the material available on record.
4. Learned counsel for the petitioner submits that no overt act has been reported against the appellants and present appellants were not present at the place of incident. Learned counsel further submits that the case of the present appellants are similar to the case of the co-accused Mintu Modasiya @ Bintu Modasiya whose appeal has been allowed by the co-ordinate Bench of this Court on 10.06.2021. Thus, the appeals filed by the appellants deserve to be accepted.
5. Learned Public Prosecutor as well as learned counsel for the complainant oppose the appellant's prayer for release on bail.
6. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is of the opinion that the appeals of the appellants deserve to be allowed.
7. Consequently, the instant appeals are allowed. The impugned orders dated 27.09.2021 & 19.06.2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Churu is set aside.
8. It is ordered that the accused-appellants (1) Sarwan S/o Kuldeep (2) Satish Meel @ Kaaliya S/o Rajveer arrested in connection with FIR No. 145/2020, Police Station Rajgarh, District Churu shall be released on bail; provided they furnish a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) each and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
The impact of the COVID-19 pandemic on the country and jails can be considered as a factor in granting bail, especially in cases where no overt acts are reported against the appellants.
The lack of evidence connecting the appellant with the murder and the impact of the COVID-19 pandemic on the situation of the country and the jails influenced the court's decision to allow the appeal....
The court's decision was based on the consideration of the entirety of facts and circumstances, including the statement of the prosecutrix, in allowing the appeal and ordering the release of the accu....
The decision was based on the consideration of the entirety of facts and circumstances, including the non-support of the prosecution case by material witnesses and the bail granted to the co-accused.
The credibility of evidence and the lack of credible evidence against the appellant influenced the court's decision to grant bail.
The interpretation of evidence and circumstances, including the relationship between the appellant and the prosecutrix, played a crucial role in the Court's decision to grant bail.
The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established in the judgment is the court's discretion to grant bail based on the entirety of facts and circumstances, including the filing of the charge-sheet and the comparison ....
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